Sunday, March 19, 2017

VOX POPULI

by

S Kamat
as
Aam Admi

Issue: 193                                         Date:  20.03.2017

Contents:

1.      Need To BeTough to Resolve NPA's & Clean Up Our Banking System
2.      Development Is The New Currency for Our Politicians
3.      The Congress Was Sleeping In Goa
4.      Democracy Under Threat In India


Need To BeTough to Resolve NPA's & Clean Up Our Banking System

We are back again talking about the huge NPA's at our scheduled banks and what to do about them. One of the methods has been to suggest that creating a 'bad bank' would help concentrate the recovery process and generate a special expertise in dealing with these huge unrecoverable loans. This is essentially a bad idea since you are letting those who had sanctioned these loans within the existing banking system off the hook. These people should be made accountable irrespective of the fact that some may have retired. Moreover the very idea of creating a 'bad bank' will have many applicants to staff it since the corridors of that institution will be paved with gold allowing easy money to be made. Thus it is best that each bank be responsible for the NPA's they have generated and find a solution to the problem within the normal ambit of their operations. This resolution method being decentralised will make for more time bound action and also ensure that they are tackled properly and speedily disposed since the concerned bank will have better knowledge of the defaulter. This should work as long as the bank management is empowered with adequate powers to deal with the loans. The known fact that the top corporates account for more than 80% of the NPA's has been admitted by the government which augurs well for the resolution of these bad loans since the defaulters are recognisable and known.

Arun Jaitley, our esteemed Finance Minister has been talking about these NPA's suggesting that global conditions and market downturns were responsible for their creation. Are these not normal conditions for operating businesses? Were the management not privy to the risks that they were taking? So when the risks did not pan out on the positive side why are the banks being made to hold the can? The management at these Cos. should pay as also if any of the banking officials who had connived to sanction these loans. For those of us have been in top management in business we all know how difficult it is to raise money for projects particularly when bank consortiums are involved. If so then how were the NPA's able to obtain money from these consortiums when surely each bank in the consortium knew the borrower was stretched to the limit and tending towards default? That is precisely how Vijay Mallya hoodwinked the banks to generate his NPA's that now amount in excess of Rs. 8000 crores. Another aspect here is that the banks are expected to hypothecate properties to equivalent levels to that of loans disbursed. Every individual in this country knows how cumbersome and tedious the hypothecation procedure for assets and property is but how is it that big industrial groups manage to hypothecate assets so quickly and more importantly get loans far in excess of the sale or book value of the assets. This is proved by the fact that 3 times has SBI tried to sell properties of Vijay Mallya in Mumbai and Goa including houses, buildings, planes and cars but all three times they have been unsuccessful despite reducing the prices in each successive round with no takers. Thus were prices of these assets deliberately inflated and with connivance to justify the amount of loans that were sanctioned? These matters need to be investigated and the truth brought out since each and every NPA that constitutes the burden of Rs. 800,000 crores with the scheduled banks today will have a similar story to tell albeit with variations.

In this context one does not understand why the Finance Minister is playing soft with the banking system and their officials firstly in allowing things to drag since 2014 by encouraging the argument put forward by bank officials to give them protection from the Anti Corruption Act since any concession shown to the defaulters may be interpreted as being given for a consideration. You see how rotten the system is, the bank officials get bribes for sanctioning loans, then no action is taken against them for delaying recovery and thereafter they have the audacity to seek protection by law for what they will take to resolve the loans. Secondly, the banks have been writing off each quarter a portion of their NPA's for the last two years and more. Considering these NPA's are mostly attributed to the well-heeled, the rich and the powerful, Mrs Arundhati Bhattacharya, CMD of SBI will have to answer why the principle of the banking credit system is not compromised in these cases but it does get compromised when farmer's loans are written off. She has famously said that farmers once their current loans are written off will never pay the next loans they take but will wait until the next loan waiver mela takes place. Is this not the same with trade and industry who seek re-scheduling of their loans and wait for one-time settlement schemes to be announced by the government or the banks either sector-specific or across the board? Why are we making the poor farmer the culprit when everybody in the system is tainted starting from the politicians, ministers, the government bureaucracy, the banking system, industry and trade and even common individuals. This is India, Madam and jugaad is the way of life and as long as you do not get caught everything is fine!

As for farmer loan waivals, do it on a region basis where drought or common reasons have really affected harvests and made the loans go bad, so that the farmers are not needlessly left at the mercy of loan sharks to whom they may have to go to pay off the bank loans. The last time this was done for some Rs. 60,000 crores, Sharad Pawar was the Agriculture Minister and he made sure that the small farmers could not get anywhere near the loan waiver but his constituency of farmers with larger holdings benefited. At that time it was seen that the banks had not been very co-operative in entertaining farmers who came in  for loan waivals. Thus this time around if the loan waiver scheme comes into being then the banks need be instructed to be more pro-active in clearing the loans. It is being commonly said that Narendra Modi has captured the mind space of the poor at the present what with his saying that every India will get Rs. 15 Lakhs after all the black money is brought back but that never happened. After the demonetization exercise he has said that Rs. 25,000 will be credited to each BPL or Jan Dhan account, one does not know which, and even that has not happened. Thus one is not in favour of such obvious gifts to our poor or farmers since that will not motivate them to strive harder. Instead of that what should be done is to provide them proper inputs for their work at competitive rates, waive off loans if it has got affected because of natural causes, streamline the system that they operate in be it the input suppliers, the banking system or the marketing agencies that finally sell their produce or products. This will encourage the poor to contribute more productively and pull themselves out of the poverty situation. But the present tendency is to go overboard on both extremes while dealing with them like give them some money and shut them up or like the SBI CMD asking them not to seek any concessions. In India close to 40% of the population hovers around the poverty line and we cannot afford to ignore them. If that Bharat improves, it will also give a boost to the rich, corporate and well-heeled India that has this tendency to ape the West.

Thus it is suggested that the NPA's be resolved at the banks where these were generated, action be intimated against banking officials if they are found complicit with out of the way sanction of loans which infringe the bank's guidelines, have the RBI Oversight Committee meet regularly and be given sufficient teeth to drive the banks to resolve the NPA's in a pecific time-bound manner. Wherever assets need be seized and/or auctioned from industry, big corporates or otherwise, get this done and if found necessary launch disproportionate asset cases against at least one top head honcho of banks, to set an example and send the message across to the banking system that the time to cosy up with their borrowers is over. This is what Jaitley has to get Narendra Modi to do so that the banking system is cleansed once and for all of the NPA's which by some estimates is expected to reached Rs. 15 lakh crores by end of this month, 31st March 2017, inclusive of interest and charges.

Development Is The New Currency for Our Politicians

Narendra Modi has been harping on the plank of development during election times which is the new currency for our politicians. The more the development the more they are able to feather their nests. As for development, mind you no one is against  it as long as it is relevant and sustainable but that is not the way the cookie crumbles when projects are taken up. Right now the number of crorepatis dominate the political spectrum among candidates filing their returns with the Election Commission. The recently elected 40 MLA’s to the Goa Assembly all have assets in excess of 1 crore. In another few years you will find them filing asset returns in hundreds of crores which will remain unquestioned by the authorities or no investigations launched as to how they got these increase in assets. This is where just like the NOTA option is being put on the EVM's now, we should evolve a methodology of giving the voters a right to recall their elected legislators. A legislator should be asked to give up his seat for known reasons of corruption, lack of performance, health reasons or any other as determined by more than 50% of the voters in his constituency. This could start as an annual review through the EVM's and progressively move up to computer terminals in each locality of the constituency as our IT technology advances when the period of review could be made smaller like every 6 months. This kind of a system will at the least instill the sense of responsibility in our legislators towards their constituencies on a more definite basis. The AAP for all its faults started this process of obtaining feedback from the people for its major policies or initiatives which has been a good thing and our government could examine whether asking this initiative forward. 
A point relating to the BJP hijacking the public mandate in both Goa and Manipur which gave a larger number of seats to the Congress shows how flawed our democratic system is. The people gave a verdict but now a curtain is drawn upon them saying your act is over and it is our, the politicians, turn now. We will overturn the mandate and not entertain and tolerate any opinion from you the people. We have seen this behaviour of our politicians  and their political parties at other times also where once elected they do what they like and not what people like. This done in most cases for 4 years of the 5 year term they act without caring for the electorate and then in the last year they go around sometimes patching up on promises made to the people so that they are given yet another 5 year term. This is a rather sad state of affairs for democracy in India and hence the Right To Recall Option (RTRO).

The Congress Was Sleeping In Goa

The Goa Assembly elections 2017 have been reduced to a farce. The Congress winning the largest number of seats must have come as a shock to the party itself and in the trauma thereafter the party went into somnolent euphoria with the top local leadership debating more who would be the Chief Minister rather than concentrating on the task of forming a government. The urgent need to get those 4 MLA's to cobble out a majority was somewhat missed and that is where Manohar Parrikar and the BJP, not the ones to miss out on an opportunity pulled the rug from under the Congress party's feet. There is no point in blaming the Congress leadership in Delhi or their representative, Digvijay Singh since it was the local leadership that should have seized the moment and driven the matter since they are more aware of local conditions and allegiances. But the problem with the local Congress leadership was that they had lost self-belief and did not even have a plan in the event of a development like a hung verdict leaving them as the single largest party. They had convinced themselves that they were losing. This is the sad story of the Congress who have watched from the sidelines as the verdict of the elections was hijacked by the BJP. All this going to the Supreme Court and getting a ruling for Manohar Parrikar and the BJP to prove their majority on the floor of the house on Thursday, 16th March is part of the farce being played out as said earlier and in the nature of damage control to recover their public image in the eyes of the voting public. When Manohar Parrikar could parade his 21 MLA's and submit letters of support to that effect on Sunday, 12th March, what stops him from winning the vote of confidence on 16th March? The Congress has been at fault at this time and they should admit as much. 


Democracy Under Threat In India

Modi has gone overboard to correct the image of the recent Assembly election results that he lost 3 out of the 5 States that went to the polls by drastic action in overturning the public mandate in Goa and Manipur and claiming that the BJP can form governments in these 2 States. Though there are some who have said that Modi & the BJP have taken UP with a landslide win, which has more seats than all the other States put together. But in my opinion the true test of leadership is its spread and not its depth. Winning just UP also shows the single mindedness of Modi which is not necessarily a good thing in statesmanship since you have to look after everyone. It can be presumed from this that he can maybe do only one thing at a time which for a child is a good virtue but for a Prime Minister a bad weakness. The seriousness of Modis purpose in overturning the public mandate in Goa can be gauged by the fact that he was willing to let go his Defence Minister, Manohar Parrikar, whom just a few weeks ago he had called a 'navaratna' of his Cabinet. Forget that since Modi will tell you that most of the time he does not mean what he says and in any case Parrikar was more than homesick for Goa. But what the BJP has done is to undermine democracy and its due process by cancelling the verdict of the elections which gave the Congress party the highest number of seats in both Goa and Manipur. The role of the Governors in the 2 States is in question since they have acted against the basic principle of elections in a democracy and that is to first give opportunity to the party which has secured the largest number of seats. Only if the largest party expresses inability then the next party has to be called to form the government. There is no matter in quoting precedents and the assessment aspect in the satisfaction of the Governor as to who can provide a stable government, since the latter is after the fact. Thus both the Governors of Goa and Manipur who are BJP government appointees have not discharged their office as required under the Constitution and in the interests of democracy and hence they should voluntarily quit office or be discharged from their duties by the President. On a broader aspect it needs to be said that all the finer points of derailing the edifice of democracy anywhere in the world has emerged in India. Whether it is using money to bribe voters in elections, cultivating dedicated vote banks by segmenting the  voters on religion, caste or any other basis, organising defections, suborning the results of elections as covered above, horse trading, using money power in elections etc. etc, happens only in India. Thus the democracy in India stands totteringly, propped up by bandages and bandaids of this rule, that amendment or yet another court judgment, tired, dejected and remorseful and praying that it is put out of its misery as early as possible. At the same time our politicians continue to threaten voters with the sanctity of democracy to which they just pay lip service to make it work for their own selfish interests and with no desire or intention to pursue a truly functional democracy.

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